standing

Mayfield v. United States: Feds Paid Two Million Dollars To Keep FISA Intact

The outcome in this case seemed like a victory for the Constitution.

Upon further research, the reasoning of the Oregon court is open to attack and as discussed here, the court's ruling will be reversed on procedural grounds.

From the Plaintiffs' (Mayfields') Memorandum in Mayfield v. United States:

In March 2004, Brandon Mayfield - a United States citizen, an Army veteran, a member of the Oregon State Bar - unknowingly found himself, along with his wife and three school age children, within the crosshairs of the United States government. The full power of the federal law enforcement and foreign intelligence communities was focused upon the Mayfield family. The family's most intimate conversations were recorded. They were followed. When the FBI thought the Mayfields were not at home or at work, FBI agents on multiple occasions surreptitiously entered their house and law office, looking at and copying their personal and private documents, legal files and computer hard drives. The government admits that over 300 photographs were taken inside the Mayfield home, and additional photographs inside Mr. Mayfield's law office. On at least one occasion one of the Mayfield children cowered in a bedroom closet while government agents searched the family home. Mr. Mayfield had committed no crime, and no court had approved the eavesdropping, wiretapping, or covert physical searches of the Mayfields' home or law office under the traditional Fourth Amendment probable cause warrant requirements.

While the latest decision in Oregon Federal District Court by Judge Ann Aiken ruled two of the Patriot Act's amendments to FISA unconstitutional, the ultimate outcome will be nothing to cheer about.  Read more…

On FISA’s Amendment: At Least We Have Judicial Review…

Congress screwed up the FISA amendment. It’s been well disclosed here by Correntian commentators.

The six-month sunset provisions - not really true. The careful crafting of limitations by the Congress - also not true.

We know that Bush/Cheney et al., seek the unitary executive, massive power grabs. In enacting the “Protect America Act”, Congress was too stupid, lazy, politically intimidated or eager to go on break to fight them.

At least we have the judicial branch of the federal government to protect us against this legislation – or do we? The language of this bill is so obnoxious as to actually make it impossible to have any review at all. Score one more for the White House. Read more…

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